COURTHOUSE — An Upper Merion man who allegedly killed three family members with a sword cannot delay his upcoming trial while he tries to gain access to his dead mother’s $1 million estate to pay for his defense.

Joseph C. McAndrew Jr.’s request for a stay of the criminal proceedings has been denied by Montgomery County Judge Gary S. Silow.

McAndrew, 24, is awaiting trial on multiple charges of first- and third-degree murder in connection with a March 5, 2011, incident during which he allegedly wielded a sword to stab to death his parents, 70-year-old Joseph C. McAndrew, 64-year-old Susan C. McAndrew, and twin brother James McAndrew. That trial is expected to be held this year.

Earlier this month, lawyer Joseph J. Hylan, McAndrew’s court-appointed guardian, filed papers in county Orphans Court requesting that McAndrew be granted access to the funds of the estate of his mother “for the purpose of retaining counsel and expert forensic psychiatrists so as to defend against the charges.” According to court papers, Susan McAndrew’s estate has a gross value of about $1 million.

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Hylan also had asked that the criminal proceedings against McAndrew be stayed pending the outcome of the request in Orphans Court.

But First Assistant District Attorney Kevin R. Steele and co-prosecutor Nathan J. Schadler fought the trial delay request, claiming the request was a “proposed intrusion” by Hylan, and if granted “would set a disastrous precedent.” Prosecutors maintained Hylan is a third-party who has “no standing” to ask for a delay in the criminal proceedings.

Last April, a judge appointed Pottstown area defense lawyer Paul A. Bauer III to represent McAndrew in the criminal trial because McAndrew was considered indigent at the time of his arrest. Bauer previously filed a notice of insanity or mental infirmity defense on behalf of McAndrew.

Steele and Schadler claimed nowhere in Hylan’s request for a stay is it asserted that McAndrew is dissatisfied with Bauer’s representation in the criminal matter.

Orphans Court Judge Stanley R. Ott is responsible for addressing McAndrew’s request for access to his dead mother’s $1 million estate. Those opposing the request have until April 5 to file objections with Orphans Court.

A full hearing on the request could be held later this year.

In December, Ott appointed Hylan as McAndrew’s guardian.

In the event McAndrew is awarded access to the estate funds, Hylan indicated he will seek to retain private counsel of McAndrew’s choice and private psychiatrists of McAndrew’s choice. Hylan, as McAndrew’s guardian, also indicated in court papers he “will endeavor to place the defendant into a secure private psychiatric institution.”

Hylan claimed McAndrew previously has been examined by two doctors, in preparation for trial, who “concluded the defendant to have been criminally insane at the time of the incident.”

In court papers, Hylan argued Susan McAndrew “was presumed to have survived her husband” and her son, James. Since Susan McAndrew died intestate, McAndrew is an heir to her estate, Hylan argued.

However, under Pennsylvania’s so-called Slayer’s Act, a killer cannot in any way acquire property or receive any benefit as a result of the victim’s death.

But Hylan maintained McAndrew “is being denied his inheritance without having been determined to be the slayer.”

Prosecutors are seeking the death penalty against McAndrew if he is convicted of first-degree murder, which is an intentional killing. Third-degree murder, a killing committed with malice, can carry a possible maximum sentence of 20 to 40 years in prison.

The victims, according to court documents, were found on the kitchen floor of the family’s Holstein Road home soon after McAndrew was seen standing outside near the garage door. His pants and shoes were covered with blood, police said. Investigators discovered a bloody sword with an 18-inch blade in the living room, court papers indicate.

Prosecutors alleged the fatal attack involved a “very significant struggle” and a chase throughout the house.

Since his arrest, McAndrew has been held in the Regional Forensic Psychiatric Center at the Norristown State Hospital where he has received intensive psychiatric treatment or at the county jail.